The Associated Press
OLYMPIA — Police may pose as children during Internet sting operations to catch sex offenders preying on children, the Washington Supreme Court said Wednesday.
The decision clarifies a 2002 ruling by the court on a similar case, finding that a defendant may be convicted of attempted rape of a child in a case where the alleged victim is a fictitious underage character created by the police.
Mitel Patel was convicted of attempted second-degree rape of a child after chatting with a Spokane police detective, who was posing as a 13-year-old girl named Kimberly, over an online instant message service in 2004.
Patel agreed to meet the girl at her apartment for sex and was arrested by police when he arrived.
Patel argued that the state’s statutes governing child rape and attempted child rape are contradictory, because a defendant’s knowledge about a victim’s age is irrelevant in the child rape statute but is relevant in the attempted child rape statute.
However, the court ruled that defendants may assert a defense, under the rape statute, that they believed the victim was older based on the victim’s own declarations. Conversely, the attempted child rape statute focuses on the defendant’s intent, regardless of whether the act is completed.
“Here was sufficient evidence to prove that Patel intended to have sex with a 13-year-old girl and took a substantial step toward doing so,” the court said.
Four justices signed the opinion. Five others signed two concurring opinions.
